END-USER LICENCE AGREEMENT
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING OR USING ANY FILE DOWNLOADED OR OBTAINED FROM BRUMICON.com, (THE “SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY PAMELA CALDWELL, LOCATED AT 4028 FORTIN COURT, FL 32462 AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “BRUMICON.com”).
OPENING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS SET
LIMITED USE LICENSE
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, designs, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software, and any related documentation) are owned by BRUMICON or its licensors.
Software is protected by the copyright laws of the
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
(a) without written permission from BRUMICON, use, advertise or exploit in any manner the Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer usage center or any other location-based site;
(b) without a separate, additional license from BRUMICON, use the Software or permit the use of the Software, on more than one computer, sewing console, handheld device or PDA at the same time;
(c) use the Software, or permit use of the Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by BRUMICON in writing;
(d) make copies of the Software or any part thereof, except that you may make one (1) copy of the Software for backup or archival purposes, or make copies of the materials accompanying the Software for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Software or any copies without the express prior written consent of BRUMICON. Notwithstanding the foregoing, you may permanently transfer all of your rights and obligations under the License to another person for non-commercial use by physically transferring the original Software media (e.g., downloaded file, CD-ROM, or DVD you purchased), all original packaging and all manuals or other documentation distributed with the Software; provided, however, that you permanently delete all copies and installations of the Software in your possession or control, and that the recipient agrees to the terms of this Agreement. You shall be solely responsible for any taxes, fees, duties, withholdings, charges and assessments that may be due in connection with such transfer.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of BRUMICON and/or its licensors on creation, in any event);
(g) remove, disable or circumvent any security protections or any technical measures that control access to the Software;
(h) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software;
(i) export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations; or
(j) create data or executable programs that mimic data or functionality in the Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Software.
SOFTWARE UPDATES AND PATCHES
Pamela Caldwell may provide updates, patches and other modifications to the Software that must be installed for the user to continue to use the Software. Pamela Caldwell may update, patch or modify the Software remotely and access the Software residing on your machine for such purpose, and you hereby grant to BRUMICON the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Software” shall also include all such patches, updates and modifications.
You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. BRUMICON warrants to the original consumer purchaser of the Software that the recording medium on which the Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the “Limited Warranty”). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Software shall be replaced by the retailer from which you purchased the Software, free of charge. Please retain the original or a printed copy of your dated sales receipt (either in digital or printed media) to establish the date of purchase for in-warranty replacement. For replacement, delete all digital copies of the product, and return all physical copies of the product with its original packaging and receipt, to the retailer from which the software was originally purchased. In the event that you cannot obtain a replacement from the retailer, please contact Pamela Caldwell at (850) 535-1610 or Pamela@BRUMICON.com.
THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
Limited Warranty does not apply if the defects have been caused by your negligence,
accident, unreasonable use, modification, tampering, or any other causes not
related to defective materials or manufacturing workmanship, and Pamela
Caldwell and its licensors shall not be held liable for any damage, injury or
loss if caused as a result of any of these reasons. The provisions of this
Limited Warranty are valid in the
OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY BRUMICON OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, BRUMICON’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction. Under no circumstances shall any implied warranty required by law exceed the 90-day period of the Limited Warranty above.
LIMITATIONS ON DAMAGES IN NO EVENT SHALL BRUMICON OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE SOFTWARE, OR PERSONAL INJURIES, EVEN IF PAMELA CALDWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL BRUMICON OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. PAMELA CALDWELL'S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION
Without prejudice to any other rights of BRUMICON, the License shall remain in effect for as long as you use, operate, use, or run the Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Software. You may also terminate the License at any time by destroying the Software and uninstalling it from your computer(s) or other applicable hardware. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.
Because BRUMICON would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that BRUMICON shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
You agree to indemnify, defend and hold harmless BRUMICON, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software or any breach by you of the terms of this Agreement.
OF LAW AND JURISDICTION THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU
AND BRUMICON CONCERNING THE SOFTWARE, SHALL BE CONSTRUED AND ENFORCED
UNDER FLORIDA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN FLORIDA
RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN FLORIDA, WITHOUT REGARD TO FLORIDA’S
CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL
LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND BRUMICON CONSENT
TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED
IN BONIFAY, FLORIDA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS
AGREEMENT OR THE SOFTWARE, AND YOU AND BRUMICON WAIVE ANY OBJECTION
BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE
UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL
Pamela Caldwell reserves the right to amend this Agreement at any time, at her sole discretion, but will post such changes on the BRUMICON.com website and/or will communicate such changes through email service. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.
This Agreement represents the complete agreement between you and BRUMICON concerning the License and your rights to use the Software, and supersedes all prior agreements and representations, warranties or understandings between you and BRUMICON (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
have any questions concerning this Agreement or the License contained therein,
you may contact BRUMICON at